- What steps should I take after a pedestrian accident?
- Can I sue after a pedestrian accident?
- Do I need a lawyer after a pedestrian accident injury?
Los Angeles is a city that is constantly burdened by heavy traffic. Angelenos love their cars, and need them to get from Point A to Point B every day. But in all the commuting, traveling, and even sightseeing, pedestrian accidents are unfortunately a common occurrence.
If you’ve been injured in a Los Angeles pedestrian accident, we’ve put together some important steps to help ensure that your health is attended to, but also that you gather critical evidence that can help support your claim in the event that you choose to pursue a civil lawsuit against the at-fault driver.
Let’s look at Martinian & Associates’ Top 9 Steps that you should take after a pedestrian accident:
·Step #1: Seek Medical Care – Pedestrian accidents can lead to severe and even catastrophic injuries. But such collisions can also cause less severe (but equally urgent) injuries that don’t always manifest immediate symptoms. For example, head injuries – which can often be life-threatening – commonly occur after pedestrian accidents. However, such injuries may not always display immediate symptoms. You may hit your head on the street after being struck by a car and still feel okay.
However, if you do not seek immediate medical attention, the lingering effects can often lead to long-term damage. Traumatic brain injury (TBI) is often immediately perceptible, but some symptoms can take days or even weeks to display. Moreover, concussion (MTBI) or something known as post-concussion syndrome (symptoms lasting a week or more) are examples of injuries that are commonly associated with pedestrian accidents.
By not seeking immediate medical attention after a pedestrian accident, you are putting your health at risk. However, you are also jeopardizing your chance at securing maximum financial compensation for much-needed bills or losses that may arise as a result of your accident. Hence, it’s always recommended that first step you take immediately after a pedestrian accident be undergoing a full medical exam by a licensed physician.
That said, while seeking medical care is always the most important need after a pedestrian accident, there are additional steps that can and should be completed whenever possible. Provided that the circumstances allow, you (or someone you know who was with you at the time of the accident) should make every effort to complete as many of the following steps below as possible.
·Step #2: Call the Police and Make a Report – Alerting your local law enforcement to your pedestrian accident is always advisable. Doing so establishes an official record of the incident, which can be helpful when pursuing financial compensation in a personal injury civil claim. When you make your report to the police, be sure to clearly communicate that you were not at fault for the accident (never admit liability).
·Step #3: Take Photos & Videos of the Accident Scene – A pedestrian accident scene can offer evidence that helps support an eventual claim for financial damages. Taking images and videos of things like skid marks, the area surrounding the accident scene (including traffic signals), and any other pertinent aspects of the vicinity is strongly recommended.
·Step #4: Take Photos & Videos of Your Injuries – Medical reports can often be the most important supporting documents in your pedestrian accident claim. However, personal photos and videos of your injuries taken immediately after the incident occurs are also extremely important. Having this sort of documentation available to turn over to your pedestrian accident injury lawyer can be beneficial to your claim for financial compensation.
·Step #5: Gather Contact Information from the Defendant – The person who hit and injured you through no fault of your own needs to be held financially responsible for any ensuing losses, such as hospital or medical bills, pain and suffering, and lost wages. But that individual also may need to be pursued criminally, depending on the circumstances of the crash. Securing the at-fault party’s contact information by capturing a picture of his or her driver’s license is always recommended. If possible, also take a headshot of the person on your cell phone (to have a recent photo for reference purposes).
·Step #6: Gather Witness Statements – Witnesses to your pedestrian accident can help corroborate the fact that you were injured through no fault of your own. Gather the contact information of each individual witness (same as with the defendant) and then be sure to allow them to make a statement. This can be done through a simple voice recording or video taken on your cell phone. If you cell phone was damaged in the pedestrian accident, take written statements from the various witnesses if possible.
·Step #7: Gather any Surveillance or Security Video of the Accident – Provided your injuries have been attended to, it’s always important to seek out any surveillance or security video of the incident that may be available. Businesses in the surrounding area may have closed-circuit cameras, so reaching out to them as soon as possible after the accident is advisable. Additionally, some local law enforcement agencies may have security cameras in the area where your pedestrian accident occurred. Contacting the appropriate agency to inquire about recovering video of your accident is always recommended.
·Step #8: Take Photos and Videos of the Motor Vehicle That Hit You – Whether it was a car, truck, motorcycle, scooter, or even a bicycle, the vehicle that struck you may have been damaged or have visible markings (blood, etc.) corroborating the fact that it was involved in the incident. Taking photos and videos of the vehicle that struck you is always recommended after a pedestrian accident.
·Step #9: Contact a Qualified and Proven Pedestrian Accident Attorney – Pedestrian accidents can result in serious injuries that require long-term care and a prolonged and difficult road to recovery. The ensuing financial losses can be overwhelming, but a personal injury civil lawsuit can be the best means for recovering all applicable damages. A qualified, skilled, and proven pedestrian accident attorney from Martinian & Associates can be the advantage you need to secure the maximum financial compensation you deserve.
Proving a pedestrian accident injury case requires skill and experience, particularly when it comes to recovering subjective damages, such emotional trauma, pain and suffering, and psychological harm. That’s where the experience of the Martinian & Associates team of pedestrian accident lawyers can be so beneficial – we have helped injured victims like you recover more than $100,000,000 in settlements and verdicts over the years, and we’ll fight tirelessly to ensure that justice is served after your injury.
2022 Los Angeles Pedestrian Accident Statistics
A recent report from LAist.com confirmed some troubling statistics demonstrating how commonly pedestrian accidents occur in Los Angeles County. For example:
- In 2019, 134 people were killed by drivers while walking in Los Angeles.
- That figure equates to approximately one death every two-and-a-half days.
- Pedestrian deaths actually increased from 87 in 2014.
- That figure represents a staggering 55% increase over just five years.
- Hundreds more pedestrians are reportedly injured by drivers in Los Angeles County each year.
Furthermore, LAist.com reports that from 2010 through 2019, 158 people were booked on a charge of vehicular manslaughter in Los Angeles County. In the same time frame, 2,109 people were killed in traffic collisions on L.A. streets
Can I Sue for Damages After a Pedestrian Accident Injury?
Pedestrian accident civil claims may be filed on behalf of victims after injuries have occurred in an effort to secure financial compensation (damages). The types of damages that may be recovered after a Los Angeles pedestrian accident injury typically fall under three categories:
- Economic
- Non-economic
- Punitive
The specific damages that you may recover after a pedestrian accident injury will vary depending on certain factors, such as:
- The extent/severity of your injuries
- The degree of liability on the part of the defendant
- Whether or not you received medical care immediately after the accident
- The knowledge, skill, and ability of your pedestrian accident lawyer
- The unique circumstances of the incident (including the complexity)
- The at-fault driver’s history
All of these factors may impact what types of damages you are able to secure (as well as the amount of total financial compensation/overall value of your pedestrian accident injury claim).
The most common examples of pedestrian accident injury damages are broken down below according to type.
·California Pedestrian Accident Injury Economic Damages:
- Medical expenses
- Emergency department treatment
- Physical therapy
- Rehabilitation
- Lost wages
- Lost earning capacity
- Loss of consortium
·California Pedestrian Accident Injury Non-Economic Damages:
- Pain and suffering
- Emotional trauma
- Reduced quality of life
- Scarring or other serious injury
- Compensation for loss of a limb or disfigurement
Punitive damages for pedestrian accidents fall under a separate category. Such damages are typically only recoverable in cases where an at-fault party demonstrates wanton recklessness or disregard for human life. However, in rare instances, punitive damages may be recoverable in California pedestrian accidents.
For example:
If the defendant (at-fault driver) who caused your pedestrian accident had a history of driving recklessly, causing accidents while under the influence or distracted, etc., the experienced pedestrian accident lawyers from Martinian & Associates may seek to recover punitive damages on your behalf.
Martinian & Associates pursues punitive damages in all pedestrian accident cases where the defendant displayed a serious disregard for human life. Injured pedestrian accident victims should also note that punitive damages are not capped in the state of California.
Do I Need to Hire a Los Angeles Pedestrian Accident Lawyer?
Hiring an experienced and trusted pedestrian accident injury attorney from Martinian & Associates can help ensure that you recover the maximum financial compensation you need to make a complete recovery – one which takes into account your total well-being, including your physical, emotional, and financial needs.
But don’t take our word for it – studies actually prove how valuable having an experienced personal injury lawyer fighting in your corner can be after a pedestrian accident injury.
For example, a recent study by the Insurance Research Council (IRC) confirmed the following statistics:
- Settlements for injured claimants were 40% higher when they had secured private legal representation.
- The average insurance payout was 3.5 times higher for injured victims who hired private attorneys (when compared to those representing themselves).
- 85% of all money paid by insurance companies for bodily injuries is received by victims who have secured representation from a private personal injury attorney.
What is the Deadline for Filing a California Pedestrian Accident Injury Claim?
The California statute of limitations for most personal injury civil claims is two years from the date of an incident. In other words, you most likely have two years from the date that your pedestrian accident injury occurred to file a claim seeking financial compensation.
However, Martinian & Associates’ team of proven pedestrian accident lawyers strongly encourages any injured victim to file a claim as soon as possible. Filing a timely pedestrian accident civil lawsuit increases your chances of obtaining justice in the form of a maximum financial damages award.
Additionally, waiting to file a claim may not only adversely affect your chance of obtaining financial compensation for your injuries – it can even result in a substantially reduced damages award.
Don’t wait to file your Los Angeles pedestrian accident injury claim. Contact the trusted personal injury lawyers at Martinian & Associates today for a free, no obligation, and completely confidential consultation.
Hire the Best Los Angeles, California, Pedestrian Accident Lawyers Today
If you’ve been injured in a pedestrian accident through no fault of your own, you may be entitled to a maximum cash settlement, which can critical in helping you cover a number of ensuing losses, including hospital or medical bills, lost wages, pain and suffering, and more.
However, securing the maximum financial compensation you deserve for your pedestrian accident injury is not guaranteed. Pedestrian accident cases can be complex and difficult to prove. In most claims, a skilled and experienced personal injury lawyer is necessary to help prove difficult to quantify damages (including emotional trauma or pain and suffering).
That’s just one of the many reasons why choosing Martinian & Associates after a pedestrian accident injury can be in your best interest. We have over 20 years of experience representing personal injury victims like you and securing maximum financial damages awards. Attorney Tigran Martinian and his associates have secured more than $100 million in settlements and verdicts for injured clients.
If you’ve suffered an injury in a pedestrian accident, don’t settle for anything less than the Martinian & Associates Advantage. We will fight to recover you the largest possible cash settlement based on the circumstances of your unique claim.
Contact one of our pedestrian accident attorneys today at 323-850-1900 for a free consultation. Martinian & Associates is a top-rated and proven California pedestrian accident injury firm, and we never charge a dime until after we’ve secured maximum financial compensation for your case.
